A Strong Defense When You Face A DWI/DUI
Being charged with driving while intoxicated (DWI) or driving under the influence (DUI) in the state of New Jersey can have significant legal and financial consequences. However, simply being charged with DWI does not mean that you will, in fact, be convicted. DWI/DUI law is very complex, and retaining a trained and knowledgeable attorney for your defense can substantially improve your chances of a favorable result.
Attorneys who defend DWI/DUI cases analyze all the elements of the case to ensure that your rights are protected and were not violated. This will include verifying that you were lawfully pulled over, that the officer administering any examination – such as a breathalyzer or field sobriety tests – did so in compliance with state guidelines and that no other errors occurred that could have adversely affected evidence against you.
Using any possible legal defenses available in your case, a skilled attorney may be able to have charges dismissed or reduced considerably to avoid a DWI conviction on your record and the associated penalties. The experienced DWI defense team at Maduabum Law Firm LLC advocates on your behalf and works to obtain the best possible outcome for you.
Understanding DWI/DUI Charges
Under New Jersey law, it is illegal to “operate a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drugs.” Thus, you may be charged with DWI if you are intoxicated by alcohol, a controlled dangerous substance or both. If you are stopped, a law enforcement officer may perform a field sobriety test or ask you to submit to a breathalyzer if they have probable cause to suspect you are impaired. If the officer finds that you are driving while intoxicated, you may be arrested and charged with DWI.
If you are over the age of 21 and presumed to be drunk driving, the legal limit for a conviction is a blood alcohol content (BAC) of .08. There is a zero-tolerance policy for drunk driving for those under the legal drinking age of 21 and even a .01 BAC can result in a DWI. A reading of your BAC is not necessary for a DWI conviction. However, if a chemical test is not properly conducted, a prosecutor can still pursue a conviction based on an officer’s testimony that they observed signs of intoxication, including slurred speech, red eyes, the odor of alcohol or evidence of marijuana, and more.
Penalties For Driving Under The Influence
Drivers who have been convicted of DWI face harsh legal and financial penalties. These penalties can include fines, temporary or permanent suspension of driving privileges without access to hardship licenses and even jail time. The severity of the penalties assessed depends on many different factors, including your BAC, whether you are a first-time or repeat offender and whether an accident occurred, among others.
Penalties for first convictions can include:
- Up to 30 days in jail
- Fines of up to $500
- License revocation of up to three months, or up to 12 months if your BAC was above .10 at the time of the arrest
Penalties for a second DUI conviction can include:
- Up to 90 days incarceration
- Up to $1,000 in fines
- License revocation of up to two years
- Up to 30 days of community service
- Completion of an Intoxicated Driver Resource Center program
As expected, as the number of convictions increase, so do the penalties. For a third-time conviction, your license will be revoked for a minimum of eight years.
Should You Refuse To Submit To A Breath Test?
There’s an age-old adage that states that people should “never blow” when they are requested to take a breath test. However, New Jersey has an implied consent law under which the refusal to submit to a breathalyzer or a chemical test results in the mandatory installation of an ignition interlock device for up to or possibly more than a year. For multiple offenses, the penalties for refusal are the same as they would be for a standard conviction of DUI/DWI, with a few minor exceptions.
Our Attorneys Can Help You
It is imperative that drivers charged with DWI/DUI seek experienced legal counsel for representation throughout their case. The attorneys at Maduabum Law Firm LLC have both a comprehensive understanding of DWI/DUI laws as well as the experience necessary to help you obtain a more favorable disposition. Please contact Maduabum Law Firm LLC online or call 973-756-2788 for a consultation today.